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<br />10. REMEDIES NOT EXCLUSIVE. Trustee and Bonoficimy, and each of them, shall be entitled to enforce payment and pettoimanco of Any
<br />�" mdabtatinesfsdr obRgattAns secured hereby and to exercise all rights anti powers under this Trust Deed or under any other agreement executed
<br />11 in connection herewith or any laws now or hereafter to force, notwithstanding some or all of the such indebtedness and obligations secured
<br />hereby may now or hereafter tie otherwise secured, whether by mortgage, trust deed, pledge, lien, assignment or otherwise Neither the
<br />acceplanee of this Trust Deed nor its enforcement whether by court action or pursuant to the power of sate or other powers herein contained, suati
<br />piejudiceor Inany manner affect Trustee's or Beneficiary's rightto tealize upon or enforce any other security newer hereafter held by Trustee or
<br />Beneficiary, itbeing agreed that Trustee and Beneficiary, andeach of them, shall be entitled to enforce this Trust Deed and any other security now
<br />at hereafter held by Beneficiary or Trustee in such order and manner as they or either of them may in their absolute discretion determine No
<br />remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy herein or by law provided or
<br />permitted, but each sha41 be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in
<br />egtiity.or bysialowEireryiiioweror remedy provided under this Trust Deed to Trusteeor Beneficiary orto which either of them may be otherwise
<br />{ entitled; y be eswr�isetl,�oncurrently or independently, from time to time and as often as may be doomed expedient by Trustee or Beneficiary
<br />i and eithelf Iltetft may purgue inconsistent remedies. Nothing herein shall be construed as prohibiting Beneficiary from seeking a deficiency
<br />Judgment a>iaitntlha Truster to the extent such action is permitted by law.
<br />11. TRANSFER OF THE PROPERTY; ASSUMPTION. It all or any part of the Property or interest therein is sold, transferred or otherwise
<br />conveyed by Trustor without Beneficiary's prior written consent, excluding (a) the creation of a lien or encumbrance subordinate to this Trust
<br />Deed, (b) a transfer by operation of law upon the death of a Trustor who is a joint tenant or (c) the grant of any leasehold interest of three (3) years or
<br />less which does not contain an option to purchase, such action is a breach of this agreement, and Beneficiary may, at Beneficiary's option,
<br />declare all the sums secured by this Trust Deed to be immediately due and payable, provided, further, this Trust Deed may, at Beneficiary's option,
<br />be declared immediately due and payable, if (1) Trustor is a partnership and any interest in the partnership is sold or assigned by any means
<br />whatsoever, or (2) it the Trustor is a corporation and a transfer of the majority stock ownership interest in the corporation occurs, or the Trustor
<br />corporation merges in any form with another corporation or entity. Beneficiary shall have waived such option to accelerate it, prior to the sale,
<br />transfer or conveyance, Beneficiary and the person to whom the Property is to be sold or transferred reach agreement in writing that the credit of
<br />such person is satisfactory to Beneficiary and that the interest payable on the sums secured by this Trust Deed shall be at such rate as Beneficiary
<br />shall request.
<br />12. ACCELERATION UPON DEFAULT; REMEDIES; SALE. The failure by the Trustor, to make any payment or to perform any of the terms and
<br />conditions of this Trust Deed; or the terms and conditions of the Note, or any renewals, modifications or extensions thereof, orthe failure to make
<br />payment of any other indebtedness, prior or subsequent to this Trust Deed, and secured by this property, or the death of one or more Trustors shall
<br />be a breach and default of this Trust Deed and the Beneficiary may declare a default and may declare all sums secured hereby immediately due
<br />and payable and the same shall theret;por become due and payable uvi.thout presentment, demand, protestor notice of any ktrd, provided, Trustor
<br />shall have any statutory right to cuce.thedaiault before any notice of default and demand for sale may be delivered to 11,e Trustee. Thereafter,
<br />Beneficiary may deliver to Trustee &•written declaration of default and demand for sale- Trustor agrees and hereby grenGs ;1iat the Trustee shalt
<br />have the power of sale of theFraperty and if Beneficiary decides the Property isto_besold it shall deposit with Trustee ttues,Trvsl Deed andtheNote
<br />or notes and any other documents evic enczng expenditures secured hereby, and shwa deliver to Trustee a writtert notice of. default and election to
<br />ratisa thw nrnpenyto ho nnlrf, and, TruslRp. in turn; shall prepare a svmlar notice in the form required by law, which shall be duty filed for record by
<br />Trustee.
<br />(a) After the lapse of such time as may be required by law following the recordation of Notice of Default, and Notice of Default and Notice
<br />of Sale having been given as required by law. Trustee, without demand on Trustor, shall sell the Property, if not redeemed. in one or
<br />more parcels and in such order as Trustee may determine on the date and the time and place designated in said Notice of Sale, at
<br />public auction according to law..
<br />(b) When Trustee sells pursuant tattle powers herein. Trustee shall apply the proceeds of the sale to payment ofthe casts and expenses
<br />of exercising the power of sale and of the sale, including, without limitation, attorney's fees and the payment of Trustee's Fees
<br />incurred, which Tnistee's Fees shall not in the aggregate exceed the following amounts based uponthe amount secured hereby and
<br />remaining unpaid at the time scheduled for safe:5 percentum on the batarcethereof: and then to the Items in subparagraph (c) in the
<br />order there stated.
<br />(c) Aftei paying the items specified in subparagraph (b), ittf a sate is by Trustee, or if the sale is pursuant to juMcia."oreclosure. the
<br />proceeds of sale, shall be applied in the following order:
<br />(1) Cost of any evidence of title procured in connection with such sate and of any rever/ tle transfer fee required to be paid; •
<br />(2) All obligations secured by this Trust Deed;
<br />13) .Junior trust deeds, mortgages, or other lienholders;
<br />(4) The remainder, if any, to the person legally entitled thereto.
<br />13. APPOINTMENT OF SUCCESSOR TRUSTEE. Beneficiary may, from time to time, by a written instrument executed and acknowledged by'
<br />Beneficiary, mailed to Trustor and recorded in the county or counties in which the Property is located and by otherwise complying. yrith the
<br />provisions of the applicable laws of the State of Nebraska substitute a successor or successors tothe Trustee named herein or acting hereunder.
<br />14. INSPECTIONS. Beneficiary, or its agents, representatives or employees, are authorized to enter at any reasonable tinse upon or in any part
<br />of the Property forthe purpose of inspecting the same and for the purpose of performing any of the acts it is authorized to perjarm• under file terms
<br />of the Trust Deed:
<br />I S. OPTION TO FORECLOSURE. Upon the occurrence of any breach and upon the declaration of default hereunder. Beneficiary shall have the
<br />option to foreclose this Trust Deed in the manner provided by law for the foreclosure of mortgages on real property.
<br />16. FORESEARANCE BY BENEFICIARY OR TRUSTEE NOT A W RIVER. Any forebearance by Beneficiary or Trustee in exercising any right or
<br />remedy hereunder, or otherwise afforded by applicable law. shalt not be a waiver of or preclude the exercise of any such right or remedy. Likewise.
<br />the waiver by Beneficiary or Trustee of any default of Trustor under this Trust Deed shall not be deemed to be a waiver of any other or similar
<br />defaults subsequently occurring.
<br />17, BENEFICIARY'S POWERS. Without affecting or releasing the liability of the Trustor or any other person liable for the payment of any
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<br />obligation herein mentioned, and without affecting the lien or charne of this T►f&cf,noad upon n • „ „,M,fdnn nt
<br />• — �iiinetotrme ariu`vmnoutnotice ariheraquosroroneor more Trustors. {i) release any person liable, (h) extend or renew the maturity or alter any of
<br />the terms of any such obligations, (iii) grant other indulgences, (iv) release or reconvey, or cause to be released or reconveyed at any time at
<br />Beneficiary's option any parcel or all of the Property, (v) take or release any other or additional security for any obligation herein mentioned. (vi)
<br />make settlements or other arrangements with Trustor in relation theref- All Trustors shall be jointly and severally obligated and bound by the
<br />actions of the Beneficiary or anyone or more Trustor as stated in this p , agraph.
<br />L 18. ATTORNEY FEES. COSTS AND EXPENSES. The Beneficiary of this Trust Deed is entitled to the payment of attorneys fees. costs and
<br />expenses as provided in this Trust Deed. except as otherwise prohibited by law
<br />19 RECONVEYANCE BY TRUSTEE. Upon written request of Beneficiary and upon payment by Trustor of Trustee s fees. Trustee shat►
<br />roconvey to Trusloi. or the person or persons legally entitled thereto. without warranly. iny portion of the Property then field hefe Li n(JL'r hevoal5,n
<br />such reconvoyance of any matters or facts shall be conclusive proof of the fruthtulnebs irivreul The grantoe rn any recvnveyance may be•
<br />described as the person or persons legally entitled thereto
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